Court Says “No Constitutional Right to Accurate Transcript”
This writer filed a civil rights suit, known by the code name 42 USC 1983, against an attorney, a court reporter and a judge.
The sole premise of the suit is that the three conspired together and fictionalized what was said during a hearing on August 4, 2021.
Judge Susan Weaver and Court Reporter Jana Perry are represented by Michael Mosley of Arkansas Attorney General Leslie Rutledge’s office. It is normal for the government employees to receive taxpayer representation, even if as here they are named only in their individual capacities.
The Assistant Attorney General probably had the Motion to Dismiss at three clicks on his computer. It is normal for an attorney to use a template and fill in the blanks, like names and dates.
They did use a couple cases that had similar fact patterns that were from a different jurisdiction. Since there are plenty of cases with similar fact patterns within the jurisdiction, they were reaching.
Here is one of the preposterous quotes lifted from a case called Tedford v Hepting from the 3rd Circuit:
“Analysis properly begins with the observation that plaintiff does not have a constitutional right to a totally accurate transcript of his criminal trial.”
The Tedford court actually wrote that and petition for writ of cert to the US Supreme Court was denied. (That doesn’t mean the appeal was without merit. The Supremes can only hear a small percentage of cases brought to them.)
The reasoning in Tedford was that the appellant was convicted before the transcription was made, as the transcription was of the trial. The appellate court analyzed the evidence that was used to convict and found that the jury did not rely on the facts that were reported inaccurately.
My case is different and I may be able to have the MTD denied.
It is preposterous though to me that our Attorney General would propound the idea that purposefully reporting a court proceeding inaccurately does not deny the litigant’s right to due process and equal protection.
Go ahead court reporters and favored attorney’s; Let your imaginations run wild.